On the Application of Death Penalty to Elderly Offenders in China

  •  Bing Zou    


First of all, the value orientation manifested in the exemption of death penalty for senile criminals in The Eighth Amendments of the Criminal Law should be affirmed. It should also be clearly laid down in legislation rather than being handled dynamically by the judicial branch. The upper age limit to the application of death penalty should be set at 75 years old. Besides, in order to ensure the balance within the criminal law system, some supplementary limitations should be attached. However, the limitation ruling out the situation in which particularly cruel means are used to kill a person doesn’t seem so reasonable and needs to be further perfected.

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